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MOL's C-TPAT Agreement

 

Sea Carrier Agreement to Voluntarily Participate in Customs-Trade Partnership Against Terrorism


This Agreement is made between Mitsui O.S.K. Lines, of Concord CA (hereafter referred to as “the Carrier”) and the United States Customs Service (hereafter referred to as “Customs”).

This Agreement between the Carrier and Customs is intended to enhance the joint efforts of both entities in developing a more secure border environment by improving the security for the transportation of passengers, crew, conveyances and cargo throughout the commercial process.

This Agreement between the Carrier and Customs is intended to enhance the joint efforts of both entities in developing a more secure border environment by improving the security for the transportation of passengers, crew, conveyances and cargo throughout the commercial process.

Customs and the Carrier recognize the need to improve and expand existing security practices in order to achieve a more efficient and compliant import process.

The Carrier agrees to develop and implement, within a framework consistent with the listed recommendations, a verifiable, documented program to enhance security procedures throughout its supply chain process. Where the Carrier does not exercise control of a production facility, distribution entity, or process in the supply chain, the Carrier agrees to communicate the attached recommendations/guidelines to those entities.


Specifically, the Carrier agrees to:


  1. Complete and return the attached Sea Carrier Supply Chain Security Profile Questionnaire within 60 days of signing and returning the agreement to Customs. Upon request from the carrier, an extension, not to exceed 30 days, may be granted to complete the security questionnaire.
  2. Prior to arrival at first U.S. port, search the vessel, prepare a vessel search checklist, and secure all areas as appropriate.
  3. Designate a liaison representative in each port where the carrier operates for Customs to contact.
  4. Designate a vessel officer as liaison for Customs to contact.
  5. Establish a security system for cargo storage and handling facilities, container yards and vessels operated by the carrier. Customs physical and procedural security recommendations should be used as a reference.
  6. Establish system of security for each vessel to include:
    • i. Control all access to vessel while in port.
    • i. All persons boarding the vessel must be identified as having a legitimate reason to be onboard.
    • i. Deny access to all non-essential personnel.
    • i. While at port, the pier and waterside of vessel must be adequately illuminated.
    • i. Limit shore employees and service providers to those areas of the vessel where they have legitimate business.
  7. Ensure that contract companies who provide vessel related services (e.g., contract security) commit to C-TPAT Security Recommendations periodically review the security commitments of the service providers to detect weakness, or potential weaknesses, in security.
  8. Credentialing and background checks of employees will be conducted as required by applicable federal and state statues and regulations.
  9. Maintain a current permanent employee list (foreign and domestic), which includes the name, date of birth, national identification number or social security number, and position held, and submit such information to Customs upon written request, to the extent permitted by law.
  10. Ensure that all manifest/bills of lading and other documentation submitted for cargo to be shipped are complete.
  11. Establish programs or procedures to safeguard its information systems, documents and forms from unauthorized use.
  12. Provide Customs with requested data about cargo or container movements, provided that the number and nature of such requests from Customs shall not be unreasonably burdensome. Customs recognizes the highly confidential and proprietary nature of such information, and agrees to take appropriate steps to maintain the confidentiality of this information.
  13. Ensure high security seals or locks are affixed on all loaded containers.
  14. Visually inspect all empty containers, to include the interior of the container, at the foreign port of lading.
  15. Participate with Customs in joint security surveys at selected facilities both abroad and in the United States.
  16. Provide Customs, upon request, with documentation that demonstrates compliance with each item of this agreement.
  17. Participate in the Automated Manifest System. Provide Customs with advance arrival copies of cargo manifest and bills of lading.
  18. Notify Customs of shippers/cargoes with irregular profiles as defined by Customs.
  19. Require, as a matter of Carrier policy, that all of its employees cooperate fully with Customs in implementing the various actions and initiatives of C-TPAT.
  20. Conduct periodic unannounced security checks to ensure that all procedures are being performed.
  21. A security awareness program should be developed and provided to employees including recognizing internal conspiracies, maintaining cargo integrity, and determining and addressing unauthorized access. These programs should encourage active employee participation in security controls.
  22. To the extent possible and where feasible, cooperate with U.S. Customs, domestic and foreign port authorities, foreign customs administrations, and other industry leaders, in advancing the Customs-Trade Partnership Against Terrorism (C-TPAT) and the Container Security initiative (CSI).

Specifically, Customs agrees to:


  1. Acknowledge that the prime responsibility of the Carrier lies in the safe and expeditious movement of cargo and the facilitation, to the greatest extent possible, of the Carrier’s legitimate business concerns, not that of a law enforcement agency.
  2. Consider the Carrier’s acceptance and implementation of the listed guidelines when making risk determinations for the purposes of cargo examinations and document reviews.
  3. Review the Carrier’s application package and provide feedback and recommendations to the Carrier on the information provided in the Security Profile Questionnaire within 60 days of receipt.
  4. Conduct initial and periodic conveyance, facility and procedural surveys. All surveys will include a report from Customs on its findings and suggestions for improvements.
  5. A joint security awareness program should be developed in conjunction with the carrier and provided to employees including recognizing internal conspiracies, maintaining cargo integrity, and determining and addressing unauthorized access. These programs should encourage active employee participation in security controls.
  6. Will not request that the Carrier take any action, which will conflict with the laws, regulations, or control requirements of any country.
  7. Assist the Carrier in identifying high-risk ports, routes, and facilities, and in assessing its vulnerability to terrorism.
  8. Participate with the Carrier in joint security surveys at the selected facilities both abroad and in the United States.
  9. Assign the carrier a Customs account manager and provide a point of contact at each United States port served by the Carrier for all matters relative to this Agreement.
  10. Coordinate, with Carrier management, press releases or information to the public which directly involve the Carrier’s interest. The joint and cooperative nature of this Agreement will be emphasized.
  11. Distribute to carrier C-TPAT participants cleared information regarding security threats, exposures and trends.

The listed Security Recommendations reflect the mutual understanding of the Carrier and Customs of what constitutes the appropriate elements of the carriers supply chain security. This Agreement will be administered pursuant to a plan jointly developed by Customs and the Carrier.

This Agreement is subject to review by the Carrier or Customs and may be altered by mutual agreement or term with written notice by either party. This Agreement cannot, by law, exempt the Carrier from any statutory or regulatory sanctions in the event that discrepancies are discovered during a physical examination of cargo or the review of documents associated with the Carrier Customs transactions.

Nothing in this Agreement relieves the Carrier of any responsibilities with respect to United States law, including the Customs Regulations.

(signed)
Jayson P. Ahern
United States Customs

 

(signed)
James C. Galligan
Mitsui O.S.K. Lines
Vice President, Marketing & Pricing Administration
Security Officer

 

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